MANILA, Philippines – The fear of losing the plunder case filed against retired Maj. Gen. Carlos Garcia prompted government anti-graft prosecutors to enter into a "plea bargaining" agreement against the former Armed Forces of the Philippines (AFP) comptroller accused of pocketing P303 million in state funds.
Assistant Special Prosecutor Joseph Capistrano said that the evidence they had compiled and presented before the Sandiganbayan against Garcia may not secure for the Office of the Ombudsman his conviction for both plunder and violation of Article 4A of the anti-money laundering law.
Capistrano expressed the sentiments of the Office of the Special Prosecutor about the case when called for a hearing by the Sandiganbayan in connection with the move of the Office of the Solicitor General to intervene in the case and seek rejection of the plea bargaining agreement between the Ombudsman and Garcia.
“We were not able to find any supplier or contractor to substantiate allegations of covert acts by the accused (of amassing ill-gotten wealth)”, Capistrano declared in open court.
Responding to a directive by Associate Justice Samuel Martires to explain further, Capistrano admitted that the prosecution panel believes that “there is a very big risk” that they may no longer present additional evidence to prove Garcia’s guilt “beyond reasonable doubt.”
“The evidence had weakened. We thought we had to re-evaluate. It (bail) was one of the options. We needed to avail ourselves of all possible remedies to protect the interest of the people,” he explained.
Martires noted that the Ombudsman had entertained the bail petition of Garcia despite an earlier decision by the court to deny it.
The accused has been set free on bail after changing his not guilty plea to an admission of guilt but to lesser offenses of direct bribery and violation of Article 4B of the anti-money laundering law.
The Ombudsman, it was believed, could have contested the bail petition until the court has reached a decision on whether or not to accept the new plea from Garcia.
The Second Division of the Sandiganbayan chaired by Presiding Justice Edilberto Sandoval directed the special prosecutor to respond to the OSG’s petition for intervention within 15 days. The OSG, on the other hand, was also given 15 days to reply.
Earlier, the OSG formally asked the anti-graft court to annul the controversial plea bargaining agreement and send Garcia back to his detention cell to face a non-bailable charge of plunder.
No final decision
Meanwhile, the Sandiganbayan said Monday that there is no final decision yet on Gen. Garcia’s plea bargain agreement.
But Deputy Presidential Spokesperson Abigail Valte said the Sandiganbayan’s remarks raised more confusion on the plea bargain issue.
“If the Sandiganbayan says that it did not approve the plea bargain agreement on May 4, 2010, why was Garcia allowed to post bail? Why were some of the assets already turned over? The Sandiganbayan’s answer in effect raised more questions,” Valte said. (With a report from Madel R. Sabater)
source: mb.com.ph/
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